ABSTRACT

At common law withdrawal does not seem to have been recognised as a defence for inchoate offences such as conspiracy, attempt and incitement. The Serious Crime Act 2007 also fails to incorporate a withdrawal defence. In this chapter, it is argued that withdrawal, renunciation and abandonment should provide defences. At the very least, they should go to mitigation in sentencing, if it is clear on the evidence that the defendant effectively neutralised her attempted assistance or encouragement and took firm steps to renounce her criminal intentions.